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Petitioner: HAROON ZAHEER and another VS Respondent: CITI BANK N.A.14, KASHMIR EGERTON ROAD, LAHORE
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja, Abdul Shakoor Paracha Title:HAROON ZAHEER and another vs CITI BANK N.A.14, KASHMIR EGERTON ROAD,
LAHORE Case No.: E.F.A. No,793 of 2001 Date of Judgment:2002-02-06 Reported As: 2002 CLD 652 Result: Appeal dismissed Judgment ORDER ' This appeal impugns two orders passed by the learned Banking Court-IV, Lahore respectively dated 3-11-2001 and 6-11-2001. 2. The decree-holder Bank obtained a decree, dated 23-10-1997 against the appellants/judgment- debtors. Thereafter, the judgment-debtors were duly given notice under Order XXI, rule 66, C.P.C. Attempted auctions of the property in question were undertaken but without success. Finally the property was auctioned on 20-7-2001. The appellants filed an application under Order XXI, rules 89 and 90, C.P.C. For setting aside the auction. The appellants did not at any time make payment of the amount paid by the auction-purchaser, as required by rule 89 of Order XXI, C.P.C. Furthermore, the appellants/judgment-debtors refused to comply with the order, dated 15-10-2001 whereby they were required to deposit 5% of the auction price in Court. In the above circumstances, we find that the application filed by the appellants/judgment-debtors was not maintainable and was rightly dismissed by the learned Executing Court. 3. This appeal, as a result, is dismissed.